Judge Erastus Githinji, who read the judgement on behalf of his two colleagues in Kisumu said Evans Nabwera Taracha filed the appeal on April 5 instead of April 2, 2018.

"This is not an appeal as contemplated by the law and the court has no jurisdiction to hear the merits of the appeal," he said, citing that the 30-day deadline was not met.

The case was struck out with costs as the judges maintained the validity of the High Court decision, which stated that the electorate of Likuyani constituency exercised their free will and made their political choices in a free and fair election.